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1
Lewerissa, Yanti Amelia. "PRAKTEK ILLEGAL FISHING DI PERAIRAN MALUKU SEBAGAI BENTUK KEJAHATAN EKONOMI". SASI 16, n.º 3 (30 de setembro de 2010): 61. http://dx.doi.org/10.47268/sasi.v16i3.788.
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The potential of fisheries in the waters of Maluku is so large that it is often used by other affiliated companies both local and foreign fish for fishing illegally. Illegal fishing practices, and brought most of the catch to foreign countries without going through the formal examination procedure proved to be the impact of revenue losses for local or central government. The core issue in this study is whether the practice of illegal fishing in the waters of Maluku can categorize as economic crimes. Writing method used in this paper is a type of juridical normative deskritif analytical writing. The study concluded that the effect caused by the existence of this criminal act, then the state and the Government of the Republic of Indonesia suffered losses and has led to delays in national development. Therefore, it kriminologi, illegal fishing, the type of crime can be classified into economic crimes.
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Konopelskyi, V. Ya. "International practice of preventing illegal drug trafficking". Uzhhorod National University Herald. Series: Law 2, n.º 81 (8 de abril de 2024): 284–90. http://dx.doi.org/10.24144/2307-3322.2024.81.2.44.
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The scientific article examines issues related to the international practice of preventing the illegal circulation of narcotic drugs. Studying this topic, it was found that currently a significant number of organized criminal groups involved in the illegal circulation of narcotic drugs are international. Raw materials for the production of drugs can be grown in one country, processed in another, transported in transit through a third, and settled in a fourth.Even members of such criminal groups or organizations may have different origins and nationalities, and may speak different languages. That is why the investigation of such crimes becomes much more complicated. It was established that with close and coordinated interaction of the relevant law enforcement agencies of different states, it is most expedient to detain the entire criminal group or organization, and not just a small part of it, which in itself would not be able to stop its criminal activity, and therefore protect the population from the negative influence of narcotics means. It was found out that it is necessary to carefully monitor the state of illegal drug trafficking in neighboring states, as the distribution of narcotic substances and precursors in Ukraine may depend on it, and to take appropriate measures to combat such crimes. We also agree with the opinion of the United Nations, which was published in the World Drug Report 2023, that corruption and drug trafficking are related, mutually reinforcing and complementary crimes. It was established that international experience must be adapted to the specifics of an individual country.External factors affecting the drug market in Ukraine were outlined (war, internally displaced persons, the state of combating illegal drug trafficking in neighboring countries, interaction with foreign law enforcement agencies to prevent illegal drug trafficking). Statistics presented in the United Nations World Drug Report 2023 have been studied and highlighted. Especially vulnerable groups of people for drug addiction have been singled out.
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Shonhadji, Nanang. "Fraud Analysis on Illegal Online Lending Using Habermas' Theory of the Public Sphere". Jurnal Ilmiah Akuntansi dan Bisnis 17, n.º 1 (8 de janeiro de 2022): 33. http://dx.doi.org/10.24843/jiab.2022.v17.i01.p03.
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This study aims to find out and reveal how fraudulent practices in illegal online loans are carried out by P2P lending service providers from the point of view of Habermas' critical thinking. Research site was an illegal online lending practice and the informant were users and victims of fraud from illegal online lending practices who are domiciled in Surabaya, Sidoarjo and Pasuruan, East Java. This qualitative research uses the Radical Humanist Paradigm approach. Result of this research have shown that Habermas' theory of the public sphere can be used as a basis for thinking to reveal the fraud media used by illegal financial technology lenders. The need for clarity on regulations for peer to peer (P2P) lending transactions through online media and firmness of sanctions for perpetrators of illegal online loan fraud to protect the public is a form of consciousness proposed idea.
Keywords: fraud, online loans, Habermas
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Lins, Liliane, Suzana Herbas, Larissa Lisboa, Hannah Damasceno e Marta Menezes. "Perception of illegal practice of medicine by Brazilian medical students: Table 1". Journal of Medical Ethics 40, n.º 6 (22 de novembro de 2013): 432–34. http://dx.doi.org/10.1136/medethics-2012-101190.
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Darajati, Muhammad Rafi, e Muhammad Syafei. "Strategi Pemberantasan Praktik Penangkapan Ikan Secara Ilegal di Wilayah Laut Indonesia". Jurnal Hukum Ius Quia Iustum 30, n.º 1 (1 de janeiro de 2023): 138–58. http://dx.doi.org/10.20885/iustum.vol30.iss1.art7.
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Maritime security in Indonesia is still vulnerable because of the high level of violations at sea such as illegal fishing, as well as various threats and other problems. The practice of illegal fishing, which remains a common issue in Indonesian territorial waters has made it difficult for Indonesia to realize itself as a maritime nation. Therefore, the author intends to discuss how are the appropriate efforts to eradicate illegal fishing practices in order to create a sovereign Indonesian state. The type of research used is normative juridical. In addition, this research has an analytical descriptive nature. This research concludes that to maximize the eradication of illegal fishing practices in Indonesia is to strengthen its maritime security system. There are two indicators, namely the optimization of maritime security institutions and strengthening legal products in the form of the Maritime Security Law to be able to realize Indonesia as a maritime country.
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Horbunova, K. V. "Methods and means of committing illegal hunting as circumstances of proof in criminal proceedings (based on case law)". Bulletin of Kharkiv National University of Internal Affairs 101, n.º 2 (Part 2) (10 de julho de 2023): 213–23. http://dx.doi.org/10.32631/v.2023.2.50.
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The present criminal and criminal procedural legislation, as well as the practice of application of the provisions on criminal liability for illegal hunting have been studied. As the study subject, the examples of case law have been chosen, which allowed to identify typical ways and means of committing a criminal offence in the presence of specific circumstances of their application. The correlation of substantive and procedural law provisions aimed at achieving the goal and fulfilling the tasks of investigating criminal offences against the environment has been analysed; recommendations on the practice of application of criminal liability provisions have been provided; the correct interpretation of the ways and means of committing illegal hunting based on the analysis of law enforcement practice has been ensured. Based on the analysis of law enforcement practice of some aspects of the criminal procedural component, the most common and typical means, methods (forms), and tools of illegal hunting used in encroachment on wildlife have been identified.
It has been established that preparation for committing illegal hunting may include: choosing the time and place of illegal hunting; searching for and preparing illegal hunting tools and means; selection of accomplices to illegal hunting; and deciding on the prey. The typical ways of committing illegal hunting have been defined as follows: hunting without a permit (for hunting animals, for the use of firearms, etc.); hunting at prohibited times (during the periods prohibited for hunting of the respective species of animals, in the dark, etc.); hunting with the use of prohibited tools and prohibited methods (nooses, traps, nets, etc.); hunting in prohibited areas (on the territories and objects of the nature reserve fund, in reproduction areas, etc.); hunting for animal species listed in the Red Book. The above list of typical methods and tools for committing illegal hunting is not exhaustive, but is the most promising in terms of developing methods for their investigation. The most common tools used in illegal hunting are hunting (smoothbore or firearms) weapons, nooses and nets.
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Byrne, P., C. C. Nduka, A. Darzi e A. Cameron. "Teaching laparoscopic surgery Practice on live animal is illegal". BMJ 308, n.º 6941 (28 de maio de 1994): 1435. http://dx.doi.org/10.1136/bmj.308.6941.1435.
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Abidin, Achmad Zainal, e Ratna Sari. "DISMANTLING THE MULTI-LEVEL MARKETING SCHEME OF HERBAL MEDICINES: BETWEEN CONVENTIONAL REGULATIONS AND SHARIA PRINCIPLES". International Journal of Nuh: Law, Policy, and Human Behavior 1, n.º 1 (6 de junho de 2024): 67–84. http://dx.doi.org/10.63005/2psk0c84.
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The practice of Multi-Level Marketing (MLM) of herbal medicines is increasingly rife in Indonesia and there is the potential for fraud that often occurs in this practice. This study aims to dismantle the MLM scheme of herbal medicine from the point of view of conventional regulation and sharia principles. The methodology used includes literature study, legal analysis, and interviews with experts. The results revealed that there is an herbal medicine MLM scheme that violates conventional regulations and sharia principles. The conclusion of this study is the importance of strict supervision of herbal medicine MLM and the need to educate the public about legal and sharia MLM schemes. The practice of Multi-Level Marketing (MLM) of herbal medicines is increasingly widespread in Indonesia. MLM herbal medicine is a marketing system where members get a commission from selling products and recruiting new members. This shows the need for research to dismantle herbal medicine MLM schemes and uncover potential frauds that occur. In addition, there are also sales of illegal products that do not have official permission from the Food and Drug Supervisory Agency (BPOM). Pyramid schemes are also one of the findings of this study, where many herbal medicine MLM players jointly profit by recruiting new members without making substantial product sales. These findings point to the need for close supervision of herbal medicine MLM practices to protect consumers and prevent potential violations of sharia laws and principles. After conducting this research, it can be concluded that herbal medicine MLM needs to get close supervision. Research findings show violations of conventional regulations and sharia principles in herbal medicine MLM practices. Therefore, it is necessary to educate the public about legal and sharia MLM schemes so that they can understand the rights and obligations as smart consumers. In addition, there is also a need for increased regulations to monitor the practice of herbal medicine MLM in order to protect consumers and maintain the integrity of the MLM business in Indonesia.
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Karchevskiy, K. "PECULIARITIES OF THE SUBJECTIVE SIDE IN THE ILLEGAL BUSINESS WITHOUT A LICENSE". Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7, n.º 4 (20 de fevereiro de 2023): 266–71. http://dx.doi.org/10.29039/2413-1733-2021-7-4-266-271.
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The article offers an analysis of the doctrinal interpretation and trends in law enforcement practice of determining the form of guilt witch is typical for illegal business without an obligatory license. The article presents the most popular points of views in determining the subjective side of illegal business without a license and trends in law enforcement practice. Also the increased role of judicial interpretation of national legislation is noted. Regrettable there are some contradictory judicial acts still are made despite solved case by the Constitutional Court of the Russian Federation. The contradictory judicial practice in criminal cases, which is currently available, creates confusion in law enforcement practice.
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Lebenzon, Evgeny, e Lev Klebanov. "Eliminating lacunae in the timber illegal trafficking and felling investigation (on the practice of the courts of the Zabaikalsky Krai)". E3S Web of Conferences 460 (2023): 09005. http://dx.doi.org/10.1051/e3sconf/202346009005.
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The present article explores the relevance of the normative context of crimes related to environmental offences of illegal harvesting. The article reviews the practice of the Zabaikalsky Krai Chita District Court in handling criminal cases of this category, and the report emphasises the need for more effective work of law enforcement agencies in investigating criminal acts in the sphere of illegal harvesting and trafficking of criminally extracted timber. The study aims to involve professional organisations and improve cooperation with relevant stakeholders to address the problem of combating illegal harvesting. Methods: comparative-legal; empirical methods of description interpretation; theoretical methods of formal and dialectical logic; private-scientific methods: legal-dogmatic and method of interpretation of legal norms. Results: Information on illegal timber turnover, illegal felling and harvesting of forest plantations, and methods of combating the trafficking of forest resources are relevant. This article deals with such vitalissues as illegal timber trafficking, illegal forest felling, and forest plantations. Conclusion: analysing the judicial practice of the courts of the Zabaikalsky Krai in general, having a common border with the People's Republic of China, the article also emphasises the increased social danger associated with these criminal acts and their criminalistic characteristics.
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Anggraini, Dewi, Mhd Fajri e Syaifuddin Islami. "Rent Seeking In The Illegal Gold Mining Business Network In West Sumatra Province (A Case Study Of Sijunjung And South Solok Regencies)". JOELS: Journal of Election and Leadership 4, n.º 2 (30 de agosto de 2023): 129–39. http://dx.doi.org/10.31849/joels.v4i2.15814.
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Rent-seeking practices in illegal gold mining activities take the form of mutually beneficial collaborations between authorities and entrepreneurs/owners of capital. Various parties profit from these gold mining activities, including both mining groups and certain individuals within the ranks of officers, officials, and bureaucrats. This study aims to elucidate the causal factors and actors involved in illegal gold mining activities in the Sijunjung and South Solok Regencies. The theory employed for this study is the rent-seeking theory. The research methodology employs a qualitative case study approach with informants selected through purposive sampling. Data collection is conducted through interviews, observations, and documentation. The research findings indicate several causal factors contributing to rent-seeking. Firstly, there exists an interplay of interests between local governments and mining entrepreneurs. Secondly, there are instances of officers or bureaucrats who provide support for illegal mining activities. Typically, these mining operators pay a certain amount to these individuals to secure their mining equipment's ingress and egress. Additionally, a number of officers, bureaucrats, and even legislative personnel possess equipment for illegal gold mining. Thirdly, the lack of oversight by local governments over illegal gold mining activities is a contributing factor. In the practice of rent-seeking within the mining sector, corporations/entrepreneurs/capital owners, government officials, law enforcement authorities, and landowners are all involved
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Wismani, Herry Indiyah. "Pemberantasan Pungutan Liar". Jurnal Ilmiah Raad Kertha 1, n.º 1 (8 de julho de 2020): 50–60. http://dx.doi.org/10.47532/jirk.v1i1.142.
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Illegal charges are unofficial charges and have no legal basis, thereforethey are called illegal fees. In illegal levies, the criminal offenses that have beenimposed have no clear rules. In the absence of clear rules on illegal levies, this willlead to the problem of criminal law itself, especially regarding the issue of criminalliability. Illegal charges of most cases that occur there is an element of abuse ofauthority.In the implementation of the eradication of illegal levies, elements against the laware necessary to determine a person has committed a crime. The governmentestablished Presidential Regulation Number 87 of 2016 on the Task Force of CleanSweep of Illegal Levies to combat illegal levies. But the reality in the practice ofillegal levies is still happening. These illegal charges are just a term in everyday lifeand should be equated with a criminal act of extortion, fraud and corruption. Thecriminal act of illegal levies is felt very disturbing society, because the impact isdirectly felt by the community.The purpose of this study is to provide an explanation of what types of illegal feesare and what the underlying laws of illegal levies are and how to combat illegal feesand by using whatever approaches are used.In this study used literature research and field research. Library research wasconducted to obtain theoretical data, while field research was conducted to obtainprimary data through interviews with informants and respondents. The result of theresearch indicates that the factors causing illegal charges are economic factorswhose purpose is to increase income and the opportunity to conduct illegal leviesdue to weak supervision system, low legal awareness as well as poor stateadministration discipline and abuse of authority.
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Peretiatko, Serhii. "PROCEDURAL AND FORENSIC FEATURES OF THE CONDUCT OF INDIVIDUAL INVESTIGATIVE (DETECTIVE) ACTIONS IN THE INVESTIGATION OF CRIMINAL OFFENCES UNDER ART. 263 1 OF THE CRIMINAL CODE OF UKRAINE". Criminalistics and Forensics, n.º 68 (3 de julho de 2023): 275–84. http://dx.doi.org/10.33994/kndise.2023.68.27.
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Based on the analysis of scientific points of view and practice of investigating the illegal manufacture, processing or repair of firearms or falsification, the illegal removal or change of its marking, or the illegal manufacture of ammunition, explosives or explosive devices, the procedural and forensic features of the search (house, localities, persons), presentation for identification, investigative experiment, recognition. The significance of individual investigative (search) actions of forensic examinations for criminal procedural proof has been clarified, typical errors in their conduct have been identified, and ways to avoid and solve them have been proposed.
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Gorbunov, Igor' Andreevich. "Administrative Liability for Illegal Obtaining of Classified Information". Юридические исследования, n.º 6 (junho de 2023): 48–55. http://dx.doi.org/10.25136/2409-7136.2023.6.39670.
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The high relevance of the topic is due to the appearance in 2021 of article 13.14.1 of the Code of Administrative Offenses of the Russian Federation. This scientific article attempts to form a comprehensive (systematized) understanding of the composition of an administrative offense, which is expressed in the illegal obtaining of classified information. Due to the fact that administrative liability for this offense has arisen relatively recently, many theoretical aspects related to its study have not yet reached a deep scientific understanding. The same applies to law enforcement practice under article 13.14.1 of the Code of Administrative Offenses of the Russian Federation, which has not yet been formed. The article substantiates the importance of proper systematization of normative legal acts that establish the legal regime of classified information, which will ensure the correct application of article 13.14.1 of the Code of Administrative Offenses of the Russian Federation, as well as the need to form law enforcement practice, within which the subjective and objective signs of this offense will be more clearly formulated
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Li, YiLong. "Analyzing the Situation of Demanding Debts by Illegal Means with Identification Case Analysis Method". Advances in Politics and Economics 5, n.º 3 (23 de agosto de 2022): p103. http://dx.doi.org/10.22158/ape.v5n3p103.
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In recent years, various kinds of crimes demanding debts have emerged one after another. Before the new crime of demanding illegal debts, the judicial practice in previous years was mainly regulated by the crime of robbery, the crime of unlawful detention, etc. First of all, we should define the “illegal debt”, and then analyze the act and act object in its objective elements. In the subjective elements, the intention of criminal intent should be based on the purpose of illegal possession, while the lawful purpose does not belong to the intention of criminal intent in the subjective elements of a crime.
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Tiara Rahmawati, H. Agus Takariawan e Rully Herdita Ramadhani. "PENEGAKAN HUKUM TINDAK PIDANA PENIPUAN BERBASIS ONLINE DENGAN MODUS GIVEAWAY DI PLATFORM MEDIA SOSIAL". Paulus Law Journal 3, n.º 2 (30 de março de 2022): 102–18. http://dx.doi.org/10.51342/plj.v3i2.363.
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The development of the digital era, especially in the technological aspect, has led to various innovations in the field of financial services, one of them is Financial Technology. The type of Financial Technology that is in huge demand and often used is Financial Technology Lending or information technology-based on lending and borrowing services or also known as online loans. Nowadays, Financial Technology Lending used as an alternative investment and practical source of funding for the community. However, along with developments, the convenience provided by Financial Technology Lending services can pose a risk of a criminal act, especially in the cyber aspect. Although in the practice law enforcement related to criminal acts committed within the scope of illegal online loan has been carried out. In reality illegal online loans are still rife in the community. This study aims to examine law enforcement and obstacles related to law enforcement against criminal acts committed within the scope of illegal online loans in Indonesia. By using a normative juridical approach, secondary data sources will be analyzed qualitatively, the following research results are obtained: (1) A description of the factors that affects law enforcement has been applied in tackling criminal acts committed within the scope of illegal online loans; (2) Even though law enforcement has been carried out, in practice there are still obstacles that not being able to eradicate criminal acts that occur within the scope of illegal online loans.
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Manayra Aisha Putri Indradjaja, Sigid Suseno e Rully Herdita Ramadhani. "ANALISIS PENEGAKAN HUKUM TINDAK PIDANA YANG DILAKUKAN DALAM LINGKUP PINJAMAN ONLINE ILEGAL DI INDONESIA". Paulus Law Journal 3, n.º 2 (30 de março de 2022): 50–64. http://dx.doi.org/10.51342/plj.v3i2.364.
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The development of the digital era, especially in the technological aspect, has led to various innovations in the field of financial services, one of them is Financial Technology. The type of Financial Technology that is in huge demand and often used is Financial Technology Lending or information technology-based on lending and borrowing services or also known as online loans. Nowadays, Financial Technology Lending used as an alternative investment and practical source of funding for the community. However, along with developments, the convenience provided by Financial Technology Lending services can pose a risk of a criminal act, especially in the cyber aspect. Although in the practice law enforcement related to criminal acts committed within the scope of illegal online loan has been carried out. In reality illegal online loans are still rife in the community. This study aims to examine law enforcement and obstacles related to law enforcement against criminal acts committed within the scope of illegal online loans in Indonesia. By using a normative juridical approach, secondary data sources will be analyzed qualitatively, the following research results are obtained: (1) A description of the factors that affects law enforcement has been applied in tackling criminal acts committed within the scope of illegal online loans; (2) Even though law enforcement has been carried out, in practice there are still obstacles that not being able to eradicate criminal acts that occur within the scope of illegal online loans.
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王儷眞, 王儷眞, e 張仲宇 Li-Chen Wang. "虛擬貨幣與違法吸金──近期判決實務整理". 月旦會計實務研究 73, n.º 73 (janeiro de 2024): 056–62. http://dx.doi.org/10.53106/252260962024010073006.
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Rovneyko, V. V., e A. V. Kayshev. "PROBLEMS OF APPLYING OBJECTIVE SIGNS OF THE CORPUS DELICTI PROVIDED FOR IN ARTICLE 242 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION". Bulletin of Udmurt University. Series Economics and Law 31, n.º 6 (3 de dezembro de 2021): 1122–30. http://dx.doi.org/10.35634/2412-9593-2021-31-6-1122-1130.
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The article comments on the criminal legislation of Russia, which provides for liability for the illegal production and trafficking of pornographic materials or objects and the practice of its application. Recently, illegal production and trafficking of pornographic materials and objects (Obscene Publications), as a type of criminal activity, have acquired a qualitatively new look. It can be explained by the trend towards an annual increase in registered IT crimes (committed using information and telecommunications networks (including Internet)). The use of such means significantly complicates law enforcement, primarily in connection with the criminal legal assessment and qualification of such acts. In article there are analyzes the objective features (actus reus) of the corpus delicti that determines the basis of criminal liability for the illegal production and trafficking of pornographic materials or objects. One of the problematic situations, according to the authors, is considered, related to the practice of applying Article 242 of the Criminal Code of the Russian Federation. The authors' conclusions are based on the analysis of the provisions of the current criminal legislation of the Russian Federation and the practice of its application. The rules of international treaties were considered, as well as the practice of applying the rules of civil and administrative law, including those related to the concepts of “publicity” and “indefinite range of persons”, were considered.
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Senderski, Henrique Alexandro. "The crime of the “evil healer”: a practice of “illegal medicine” in Irati-PR (1925-1926)". Scientific Journal of Applied Social and Clinical Science 3, n.º 19 (16 de agosto de 2023): 2–9. http://dx.doi.org/10.22533/at.ed.2163192315081.
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Popova, Elena A. "Judicial practice on consideration of cases on illegal dismissal of an employee (member of election commission)". State power and local self-government 5 (14 de maio de 2015): 50–54. http://dx.doi.org/10.18572/1813-1247-2015-5-50-54.
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The article concerns the practice of consideration by courts of cases on illegal dismissal of employees — members of election commissions. The author also analyses the impact produced by decision of the Constitutional Court of the Russian Federation on the judicial practice in this sphere.
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Bazov, Viktor, e Dmytro Loza. "Some Aspects of the Concept of State Responsibility for Internationally Illegal Acts". Yearly journal of scientific articles “Pravova derzhava”, n.º 34 (1 de agosto de 2023): 611–26. http://dx.doi.org/10.33663/1563-3349-2023-34-611-626.
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The article examines some topical issues of the theory and practice of state responsibility for internationally illegal acts, which is of great importance in the doctrine of modern international law. Doctrinal approaches to defining the concept of internationally illegal action of the state are analyzed. The importance of codification and further development of international law in the field of responsibility of states for internationally wrongful acts is noted. It is noted that due to the systematization of doctrine and judicial practice in 2001 it was possible to substantiate the latest doctrinal definition of responsibility in international law for international illegal actions of the state, which found its implementation and enshrined in the Articles of UN Resolution56/83 of 12 December 2001. The Articles on the Responsibility of States for Internationally Wrongful Acts stipulate that every State that has committed an internationally wrongful act is liable for it. The Articles define the elements of internationally illegal actions of the state. It is noted that an internationally wrongful act of a state occurs when any conduct constituting an act or omission is a) appropriated to a state under international law; and(b) constitutes a violation of that State’s international legal obligation. Thus, the illegal behavior of the state can be both active and in action of the state. An important role in the preparation of the Articles belongs to the Commission on International Law. The scientific views of the members of the UN International Law Commission on international legal activities of states are analyzed. Thus, the modern doctrine of the state’s responsibility in international law for international illegal acts is based on the recognition of the state’s illegal behavior inviolation of the international legal obligations of this state under international law. Therefore, the issues of international legal responsibility of states for internationally wrongful acts need to be enshrined in the Universal International Convention on the Liability of States for Internationally Wrongful Acts, which will contribute to the progressive development of the law of international responsibility. Key words: international law, state, responsibility, international wrongful act, doctrine.
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Gutorova, Nataliya O., Vitalii M. Pashkov e Oleksii S. Soloviov. "ILLEGAL INTERNET PHARMACIES AS A THREAT TO PUBLIC HEALTH IN EUROPE". Wiadomości Lekarskie 74, n.º 9 (2021): 2169–74. http://dx.doi.org/10.36740/wlek202109125.
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The aim: This article aims to raise awareness and stimulate serious discussion about the dangers of illegal Internet pharmacies for patient safety and public health, the necessity to improve legal instruments, and unite the efforts of governments, professional organizations, and civil society for combating this activity. Materials and methods: This study is based on the Medicrime Convention, empirical and analytical data of the WHO, Interpol, Europol, NABF, Directive 2011/62/EU of the European Parliament and of the Council of June 8, 2011, the regulatory acts and juridical practice of Ukraine, experts interview of pharmacy practicians, analysis of websites. Totally 18 laws and papers, 34 court judgments, 50 websites were analyzed, six experts were interviewed. Dialectical, comparative, analytic, synthetic, system analyses and sociological research methods were used. Results: Illegal Internet pharmacies are widespread in Europe, especially during the COVID-19 pandemic. This black market poses a severe threat to patient safety and public health as falsifying, substandard, and smuggled medicines are sold through these channels. Without any exception, all illegal pharmacies sell prescription drugs without any prescriptions. Regulatory and protective legal instruments at the national and international levels are insufficient to counter the Internet trade in medicines. Conclusions: The widespread proliferation of illegal Internet pharmacies in Europe requires European states to work together to protect patient safety and public health. A legal mechanism needs to be established to exchange information and combat illegal pharmaceutical activities on the Internet at the international level. At the national level, it is necessary to strengthen control over the wholesale of prescription medications to prevent them from entering the black market.
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Muhammad Reski Ansyah e Abdul Razak Nasution. "Criminal Liability Of Perpetrators Of Illegal Medical Practices (Perspective Of Law Number 17 Of 2023 Concerning Health)". LAWYER: Jurnal Hukum 1, n.º 2 (1 de novembro de 2023): 66–79. http://dx.doi.org/10.58738/lawyer.v1i2.449.
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In connection with this, Legislation in the Health Sector was made. Based on Article 1 paragraph (1) of Permenkes No. 2052/MenKes/Per/X/2011 concerning Practice Permits and Implementation of Medical Practices, "Medical practice is a series of activities carried out by doctors against patients in carrying out health efforts". The doctor has a Registration Certificate (STR) or has officially held the profession of doctor, dentist, specialist doctor, specialist dentist. After having an STR, a doctor who wants to practice medicine is required to have a Practice License (SIP). The obligation to have a SIP is contained in Permenkes No. 2052/MenKes/Per/X/2011 concerning Practice License and Implementation of Medical Practice. This research uses normative juridical research, as for what is meant by the type of normative juridical research is library legal research because in normative legal research is carried out by examining library materials or secondary data only, where the data collection tool used in research is by library research. The results of this study are that the legal relationship between doctors and patients is regulated by law as an agreement. As a result, doctors are required to carry out the object of the agreement in accordance with their professional expertise. As a result, doctors are required to carry out the object of the engagement in accordance with their professional expertise. As a result, a doctor can be held legally liable in both criminal and civil courts. In terms of criminal law, a doctor who does not carry out his duties and profession in accordance with the procedure may be subject to a number of provisions of the Criminal Code, especially due to negligence resulting in the death of the patient.
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Chihai, Cristina. "Legislative omission of the illegal practice of financial activity as an offence". Journal of the National Institute of Justice, n.º 2(61) (julho de 2022): 21–24. http://dx.doi.org/10.52277/1857-2405.2022.2(61).03.
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The classification of a prejudicial act/harmful event pursuant to Article 2411 (Unlawful practice of financial activity) of the Moldovan Criminal Code involves determining the offence objective and subjective constituents. The subject of the offence is the main player, without whom there can be neither crime nor criminal liability. The Parliament has recognised natural and legal persons as subjects of offence. However, the legal person is held liable for the committed offence only when the Special Part of the Criminal Code comprises appropriate sanctions. In case of the offence covered by Article 2411 of the Criminal Code, the Legislature has not recognised the legal person as a subject of crime. This Article shall deal with the unlawful practice of financial activity and the possibility of its commission by a legal person. Likewise, the Article aims to justify the need to regulate the criminal liability of legal persons along with the criminal liability of natural persons holding management positions pursuant to Article 21 (3) of the Criminal Code. For the offence subject to research, the legal person shall be referred to criminal justice.
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Abdullaev, L. Sh. "ILLEGAL ACTIONS IN BANKRUPTCY: KEY LEGISLATIVE GAPS AND SOLUTIONS". Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7 (73), n.º 3 (2) (2022): 82–88. http://dx.doi.org/10.37279/2413-1733-2021-7-3(2)-82-88.
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The article discusses the features of bringing to criminal responsibility under Article 195 of the Criminal Code of the Russian Federation. The author suggests ways to solve the problems that prevent the wide application of the article on illegal actions in bankruptcy and defines measures that contribute to improving the effectiveness of this corpus delicti. Summing up the above, it is necessary to fix the main measures set out in this article, necessary to improve the effectiveness of art. 195 of the Criminal Code of the Russian Federation Illegal actions in bankruptcy and to expand the practice of bringing to responsibility for this crime: another addition of the subject composition is required; changes are made to the objective part, its expansion in the field of acts of the arbitration manager; a change in the amount of damage sufficient to bring to criminal responsibility for a smaller amount than the existing one; an increase in the practice of assigning a fine as an additional punishment; also, improving the professional training of employees of investigative departments of law enforcement agencies in relation to the field of bankruptcy, and creating specialized methodological materials for investigating crimes in the field of bankruptcy.
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Papikyan, Andranik P. "Violations of the Criminal Procedure Code Related to the Procuring Evidence in Law Enforcement Practice". Теория и практика общественного развития, n.º 6 (28 de junho de 2023): 290–94. http://dx.doi.org/10.24158/tipor.2023.6.40.
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The paper examines issues relating to violations of the Criminal Procedure Code in law enforcement practice, their types, the issues of reversal of court decisions on appeal when significant inconsistencies are found. The article explores theoretical and practical aspects of violations of criminal procedural legislation, which entails the inadmissibility of evidence. Based on judicial practice and scientific research, the author considers various types of violations, such as illegal searches, wrongful seizure of evidence, violation of interrogation rules and others. It is emphasized that the problem of reliability and admissibility of evidence in criminal proceedings is quite relevant. In the course of court proceedings it is not uncommon that evidence available in the case was obtained with violations of the law. Based on judicial practice and scientific research, the author considers vari-ous types of violations, such as illegal search, illegal seizure of evidence, non-compliance with the rules of in-terrogation and others. It is emphasized that the problem of reliability and admissibility of evidence in criminal proceedings is quite relevant. In the course of court proceedings it is not uncommon that evidence available in the case was obtained with violations of the law. Conclusion is that the ability to correctly apply the existing le-gal norms in the process of preparation of evidence is the basis for the rapid disclosure of the case and its submission to the court.
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PLOTNIKOV, VLADIMIR, e MARINA BULGAKOVA. "MECHANISM FOR IDENTIFYING AND ELIMINATING THE CONSEQUENCES OF ILLEGAL ACTIVITIES IN THE FOREST INDUSTRY: ORGANIZATIONAL AND ECONOMIC DIMENSION". Economic Problems and Legal Practice 17, n.º 2 (28 de abril de 2021): 50–54. http://dx.doi.org/10.33693/2541-8025-2021-17-2-50-54.
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Illegal actions in the forest industry have a significant impact on national economic security, creating economic, environmental and social threats. In this regard, the authors conducted a study of the specifics of illegal activities regarding wood. Based on the analysis of statistical data on the number of crimes classified at the legislative level as ecological and illegal logging, the authors come to the following conclusion. The general trend to reduce the number of environmental crimes does not have a significant impact on the formation of a trend line for the number of crimes by the type of «illegal logging» under Art. 260 of the Criminal Code, the number of which remains at the level of 15 years ago. This indicates the sustainability of the threat to industry economic security. In addition, on the basis of an analysis of existing legislation and also the practice of compensation for damage from illegal actions related to logging, an organizational and economic mechanism for identifying and eliminating the consequences of illegal activities in the forest was developed and proposed, the difference of which is the application of an integrated approach to wood verification and the organization of interagency cooperation in the formation and use of data in the EGAIS-forest system at the territorial level.
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Dudorov, Oleksandr, e Dmytro Kamensky. "Act as an element of illegal aquatic extraction industry: a question of conceptual apparatus in current and potential criminal law". Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi 2, n.º 15(27) (16 de junho de 2023): 242–56. http://dx.doi.org/10.33098/2078-6670.2023.15.27.2.242-256.
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Purpose. The purpose of the article is to compare the elements of a criminally illegal act, currently designated as illegal fishing, game or other aquatic extraction, under the current Criminal Code of Ukraine and the draft of the new Criminal Code of Ukraine. Methodology. The methodology includes a comprehensive analysis and elaboration of provisions of the current and projected (potential) criminal law of Ukraine and other countries, scientific sources, materials of law enforcement practice, as well as the formulation of author’s conclusions and recommendations. During the research, the following methods of scientific knowledge were used: comparative-legal, logical-semantic, formal-logical, systemic-structural, modeling. Results. According to the results of the conducted research: 1) it is proposed to abandon both the word construction “occupation with... water extractive industry” used in the current Criminal Code of Ukraine, and the phrase “possession of a natural resource in its natural state” used by the developers of the project of the new Criminal Code of Ukraine; 2) it has been proven that preference should be given to generalizing names of relevant articles of the draft Criminal Code of Ukraine (such as illegal extraction of natural resources from their natural state or illegal extraction of natural resources), which should be combined with the mention of specific types of illegal actions in relation to certain natural resources in the dispositions; 3) shortcomings of the articles of the project of the new Criminal Code of Ukraine, dedicated to the destruction or damage of natural resources, violations of hunting or fishing rules, acquisition or sale of known illegally extracted natural resources, have been clarified. Originality. In the process of writing the paper, the shortcomings of the project of the new Criminal Code of Ukraine were identified in terms of describing the elements of criminal offenses against the order of use of natural resources, in particular those of them that can be considered “successors” of illegal fishing, game or other aquatic extractive activities, and ways to eliminate these shortcomings were proposed. Practical significance. The results of the research can be used in law-making activities when improving the project of the new Criminal Code of Ukraine.
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Matić, Zoran, e Mladen Ćeranić. "Illegal trade in criminal law". Pravo - teorija i praksa 40, n.º 3 (2023): 81–93. http://dx.doi.org/10.5937/ptp2303081m.
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Trade, as a form of commodity-money relations, has a long history. It begins with the first forms of exchange of goods for money and other valuables. Given that the purpose of trade is the acquisition of profit based on the sale and purchase of goods and services, this activity undoubtedly enabled the commercial class of society to accumulate significant wealth. This is why merchants are considered to be among the wealthiest people in the society, from the beginning of the first states, up to the present day. However, trading often represents an 'ideal' way of acquiring illegal gains, which can rapidly increase if it is carried out over a long period of time. The suppression of various forms of illegal trade is carried out at the legal and institutional level. Hence, regulations in this field can be classified into basic ones (governing trading activities), criminal ones (specifying particular criminal offenses), and misdemeanor ones (prescribing penalties for legal entities and individuals). The legal peculiarity in regulating trade, including its legal forms, lies in the extensive catalog of different procedures. In the field of criminal law, there is an independent criminal offense of the same name with multiple forms. In our country, judicial practice is full of various cases in which the criminal ingenuity of the actors of illegal trade is especially manifested. The inspection authorities are the society's first line of defense against various forms of illicit trade. In the process of carrying out regular and extraordinary supervision, they observe and initiate investigation into the responsibility for offenses in the domain of illegal trade. In the field of criminal law, there is an independent criminal offense of the same name, which has several forms. Consequently, this paper gives an overview of the legal mechanisms for suppressing illegal trade in our country.
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Jun, Daiwon, Daheui Kim, Min Suk Park, Young Jin Kim e Jung Ho Lee. "An outbreak of devastating facial stigmata caused by a single unlicensed aesthetic practitioner". Archives of Aesthetic Plastic Surgery 28, n.º 4 (30 de outubro de 2022): 126–29. http://dx.doi.org/10.14730/aaps.2022.00563.
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Background The practice of medicine by uncertified personnel is a common concern in public healthcare. Although the introduction of the Korean National Health Insurance Service has significantly reduced the number of these cases, the problem persists in the field of aesthetics. Herein, we report an outbreak of devastating facial stigmata in patients treated with illegal cosmetic procedures.Methods During 1 week in November 2021, five patients presented to Bucheon St. Mary’s Hospital for the management of identical patterns of severe facial scarring. Each patient had been treated for “skin rejuvenation” by a single unlicensed practitioner. Months of needling therapy by the practitioner, aimed at resolving the problem, only aggravated the scarring. The victims visited our hospital after the practitioner ceased to answer their calls. The patients had similar presentations with multiple prominent scars on both cheeks. Ectropion of the right lower eyelid due to scar contracture was observed in one patient.Results Five monthly treatments with intralesional triamcinolone injection and laser therapy were performed. Despite thorough management, the patients were left with improved but distinctive stigmata on their faces.Conclusions Cases of illegal aesthetic procedures are difficult to prosecute because the patients have implicitly agreed to the procedure. Therefore, active legislative measures should be adopted to prevent further victimization. Public education on the dangers of illegal aesthetic practices is also necessary.
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Wahyudi, Firman. "Ithbāt Ṭalāq: An Offer of Legal Solutions to Illegal Divorce in Indonesia". Al-Ahkam 32, n.º 2 (30 de outubro de 2022): 211–32. http://dx.doi.org/10.21580/ahkam.2022.32.2.11720.
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The dispute between Islamic law and positive law is continuously ongoing regarding the practice of illegal divorce. This practice is valid in Islamic law as long as the conditions and pillars are fulfilled. However, in Islamic law, it is considered a violation of marriage norms. The urgency of this study lies in the discourse of ithbāt ṭalāq to bridge the rise of illegal divorce in society. Through a literature review with a juridical approach to finding a legal basis for a case in concreto, this article shows that ithbāt ṭalāq functions as an instrument that can solve disputes between Islamic law and positive law. Through this instrument, husbands who force divorce out of court can be considered criminal actors who must be given sanctions in the form of ta'zīr (fine).
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Strimbeanu, Alexandru. "The concept of access to computerized information according to art. 259 of the Criminal Code of the Republic of Moldova". Journal of the National Institute of Justice, n.º 3(62) (outubro de 2022): 16–22. http://dx.doi.org/10.52277/1857-2405.2022.3(62).02.
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The concept of „access to computerized information” refers to one of the components of the objective side of the offenses provided in art. 259 of the Criminal Code of the Republic of Moldova. The main result of the present study is the definition of this concept that generates controversies in the theory and practice of criminal law. Another notable result consists in supporting with arguments the solution to qualify the acts of: 1) maintaining illegal access to computerized information after the withdrawal or expiration of the authorization; 2) illegal intrusion into the computer, the data storage device, the computer system or the computer network, in which or on which the computerized information is located, if, due to reasons independent of the perpetrator’s will, the illegal access to that information is not committed.
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Chaudhry, Samena. "Working to end female genital mutilation". BMJ 328, n.º 7442 (27 de março de 2004): s125. http://dx.doi.org/10.1136/bmj.328.7442.s125.
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Letlape, O. W., e M. Dube. "Experiences of Female Commercial Sex Workers in Marabastad, Pretoria". Global Journal of Health Science 11, n.º 12 (10 de outubro de 2019): 121. http://dx.doi.org/10.5539/gjhs.v11n12p121.
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This paper discusses critically the experiences of the female commercial sex workers in Marabastad, Pretoria in South Africa. Even though commercial sex work is illegal in South Africa, evidence suggests that some women practice it owing to various factors and an investigative analysis of engaging in such an illegal activity in South Africa needs thorough investigation. This paper aims at providing synthesis on the bio-psychosocial benefits and risks of commercial sex work for women involved in it. A qualitative research approach was adopted which purposely interviewed nine women who practised commercial sex work in Marabastad. Due to secrecy in commercial sex work, snowball sampling was also employed to ensure that only women involved in the practice would be accessed to reach data saturation point for the study. Data were analysed thematically to capture the experiences of women. The findings showed that even though women practise commercial sex work in Marabastad, risks are more experienced than the benefits. Unpleasant life circumstances were revealed as the most compelling reasons women practised commercial sex work despite the inevitable bio-psychosocial consequences. This paper recommends various multi-sectorial approaches to ameliorate the consequences experienced by women practicing commercial sex work in Marabastad in South Africa.
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Yadrikhinskiy, S. A. "On the right of the taxpayer not to comply with unlawful acts and requirements of tax authorities: problems of theory and practice". Courier of Kutafin Moscow State Law University (MSAL)), n.º 7 (18 de outubro de 2023): 107–15. http://dx.doi.org/10.17803/2311-5998.2023.107.7.107-115.
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The subject of the study is a little-studied issue in the theory of tax law related to the implementation of the taxpayer’s subjective right to selfdefense. The article analyzes the law enforcement practice that reflects the problems of implementing this right. The author describes his own experience of non-compliance with illegal requirements of tax officials and related legal consequences. The author reveals a legal paradox and a conflict: on the one hand, the taxpayer’s ability to respond quickly to violations committed against him, on the other hand, the presumption of legality of actions and acts of tax officials. The author substantiates the idea that this right of the taxpayer is not supported by any guarantees. It is concluded that the taxpayer’s legal capacity to prevent illegal acts and actions of public authorities is illusory. The author’s personal observations are used as evidence. There is a need for explanations from the higher judicial authorities on the procedure and form of unhindered use of the right not to comply with illegal acts and requirements of tax authorities and their officials.
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Komova, E. Yu, e E. L. Sidorenko. "Using digital technologies in the stock market: The criminal law aspect". Digital Law Journal 4, n.º 1 (26 de maio de 2023): 74–85. http://dx.doi.org/10.38044/2686-9136-2023-4-1-74-85.
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Under sanctions, digital services and products that are not affected by restrictions are of particular interest to unqualified investors of the Russian stock market. The possibility of illegal use of digital technologies in the stock market has not gone unnoticed by people with criminal intent. This article analyzes the already existing illegal practices in the stock market of using digital technologies and services, and also identifies criminal legal risks of their potential development in the future. The authors use general scientific methods of research as synthesis, analysis, induction, deduction, classification, as well as special methods (systematical, structural and dogmatical, as well as content analysis methods) based on a wide range of judicial practice. As a result, the authors formulate the following main areas of using digital technologies in the stock market for criminal purposes: 1) obtaining unauthorized access to users’ personal accounts; 2) organizing the activities of financial pyramids and illegal forex dealers; 3) fraudulent activity through the marketing of financial services by illegal financial market participants; 4) using artificial intelligence for the purposes of false trading. It has been established that the measures currently taken by supervisory and law enforcement agencies are not sufficient to protect unqualified investors from the criminal actions of malefactors. At the same time, the need to strengthen control over the use of digital technologies will require finding a balance between minimizing risks by government agencies and continuing to actively use new technologies on the Russian stock market.
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Mudzalifah, Milla, e Puti Priyana. "Implikasi Regulasi Tindak Pidana Illegal Logging Terhadap Kelestarian Lingkungan Hidup Ditinjau Dalam Perspektif Hukum Lingkungan". Ajudikasi : Jurnal Ilmu Hukum 4, n.º 2 (6 de janeiro de 2021): 141–54. http://dx.doi.org/10.30656/ajudikasi.v4i2.2748.
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Illegal logging is the activity of logging, transporting timber and selling timber which is a form of factual threat around borders that are illegal or do not have a permit from the authorities. These activities can cause environmental pollution and destruction which have a direct impact on environmental preservation. Illegal Logging in the substance of Law Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) is an act of a person that causes direct or indirect changes to the physical, chemical and biological characteristics of the environment so that it exceeds the standard criteria for environmental damage. Illegal logging practices that do not respect forest sustainability have resulted in invaluable destruction of forest resources. Even people's lives will also be directly affected, because state income is reduced by the loss of local biodiversity. This type of research uses normative legal research, the approach method used is the normative juridical approach with the aim of this research is to find out about how is the responsibility of criminal law in the field of illegal logging for environmental sustainability in the perspective of environmental criminal law. The result is that this act of illegal logging is punishable by imprisonment of at least 10 to 15 years, as well as an administrative sanction of Rp. 10-15 billion contained in article 78 of Law Number 41 Year 1999 concerning Forestry. Not only that, this illegal logging will also be more widely discussed if it is linked to forest encroachment which is also carried out illegally. These two activities can be described as Looting the Forest. Law on Environmental Management and Protection Number 32 Year 2009 hereinafter referred to as UUPPLH Number 32 Year 2009 has brought changes based on environmental management and protection in Indonesia. In the concept of criminal law, it explains the principle of ultimum remidium which is said to be the last resort for certain formal crimes.
Keywords: Regulations; Environmental; Illegal; Log; Criminal;
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Rahmadani, Defani Lisaura. "Reconceptualization of Money Game Arrangements (Illegal / Bodong Investments) as a Crime Related to Legal Protection Efforts of Investors in Indonesia". Melayunesia Law 5, n.º 1 (30 de junho de 2021): 73. http://dx.doi.org/10.30652/ml.v5i1.7796.
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Money game is an activity of collecting money in the practice of bonuses or commissions taken from the addition or the recruitment of new members, and not from product sales. Even if there is a sale of a product, it is only camouflage. The main problem in this research is how the regulation of money games (investment illegal/ fraud) as a criminal act is associated with legal protection efforts of investors in Indonesia and how the reconceptualization ofregulation money game (investment illegal/ fraud) as a criminal act is associated with legal protection of investors in Indonesia. The research method is a normative legal research that is legal research library (Library Research), The nature of research is descriptive analytical. From the results of the study it can be concluded that the regulation of money games (investment illegal) as a criminal act is associated with legal protection for investors in Indonesia which is not effective in its application, this is because in field practice, law enforcement officials tend to be guided by the Criminal Code in enforcing law enforcement. law against perpetrators. Even though the perpetrator's actions can be charged with legal regulations outside the Criminal Code. And the idea of reconceptualizing money game (investment illegal) as a criminal act is associated with legal protection efforts of investors in Indonesia, which can be seen from the three elements of the legal system, namely thestructure of law, thesubstance of the lawand culture. law (legal culture). No matter how good the arrangement of legal.
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Voskobitova, Lydiya, Tatyana Vilkova, Sergey Nasonov, Maxim Khokhryakov e Yuri Reshetnikov. "Illegal circulation of digital currencies: features of criminal investigation". Revista Amazonia Investiga 10, n.º 45 (29 de outubro de 2021): 252–64. http://dx.doi.org/10.34069/ai/2021.45.09.25.
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The purpose of the study is to analyze the international and national legal regulation of the digital currencies circulation at the present stage, to assess the state of crime with the illegal use of these assets, to identify the features of the investigating such crimes and to substantiate proposals aimed at improving legislation and law enforcement practice. The following methods were used in the research: normative and comparative legal – in the analysis of legislation and practice of seizure and confiscation of digital currencies in different states, to identify the strengths and weaknesses of national approaches, to assess the possibility of their unification and harmonization; phenomenological – in considering the criminal trafficking in digital currency as a phenomenon that requires special methods of detection and investigation; general logical methods of analysis and synthesis, induction and deduction, methods of empirical research and analysis. It was shown that with the rapid growth of crime involving cryptocurrencies, the legislation of various states is at the stage of formation of legal regulation of the fight against its illicit trafficking: only some countries have established the status of digital currency as property, provided for the specifics of seizure, storage and sale of digital currency in criminal cases. The need to recognize digital currencies as property has been substantiated. It is shown that the seizure and confiscation of cryptocurrencies should be carried out only by court decision. The lack of special knowledge in the field of digital technology among the investigator, prosecutor and the court requires the mandatory involvement of a specialist in the proceedings on cases of crimes committed with the use of digital currency.
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Hribov, M. L., e V. V. Shendryk. "Use of knowingly false information by criminal proceedings participants". Bulletin of Kharkiv National University of Internal Affairs 99, n.º 4 (21 de dezembro de 2022): 250–60. http://dx.doi.org/10.32631/v.2022.4.21.
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The issue of the use of knowingly false information by participants in criminal proceedings has been investigated. To achieve this purpose, general scientific and special methods of cognition have been used, in particular methods of system analysis, system structural, logical and legal. The practice of using knowingly false information by representatives of the defense and witnesses to obstruct the tasks of criminal proceedings has been analyzed. The legal regulation and practice of using knowingly false information by investigators and employees of operational units in order to fulfill the tasks of criminal proceedings have been described.
According to the results of the study, it has been found that knowingly false information can be used by participants in criminal proceedings illegally and legally. Illegal use of knowingly false information in criminal proceedings should be understood as the official (with documentary coverage in the case file) provision of false information by a witness, expert, specialist, interpreter to an investigator, prosecutor, investigating judge, court, parties to the proceedings to the investigating judge, the court, and each other with the purpose of misleading other participants in the criminal process. Illegal use of knowingly false information in criminal proceedings is a criminal offence. The Criminal Procedure Code of Ukraine and by-laws regulating the activities of law enforcement agencies indirectly provide for the use of false information by representatives of the prosecution (investigator, prosecutor, operational units) to perform the tasks of criminal proceedings.
The need for this is due to the necessity to ensure the secrecy of investigative (search) actions provided for in Chapter 21 of the CPC of Ukraine. Such use is legal, but in practice it often borders on provocation to commit a crime.
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Svanadze, L. P. "THE INITIAL STAGE OF THE INVESTIGATION OF ILLEGAL ENRICHMENT". Herald of criminal justice, n.º 3-4 (2022): 209–18. http://dx.doi.org/10.17721/2413-5372.2022.3-4/209-218.
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Illegal enrichment is one of the most dangerous criminal offenses of corruption and represents a direct threat to the national security of Ukraine. The high latency of illegal enrichment as a social phenomenon calls into question the effectiveness of the existing system of means of combating corruption. This prompts all state institutions to respond in order to develop an effective technology for detecting, investigating and preventing illegal enrichment. The scientific toolkit of such a technology should become a proven method of investigating illegal enrichment, the main elements of which are at the stage of formation and verification by investigative practice. The purpose of the article is to propose a foundation for the development of the technology of investigation of illegal enrichment in modern conditions by conducting a review of the features of opening criminal proceedings in the presence of facts indicating the possibility of illegal enrichment, analysis of typical investigative situations and circumstances to be established, as well as determination of priority procedural actions and organizational measures at the initial stage of the investigation of illegal enrichment. The main results of the study demonstrate the peculiarities of the opening of criminal proceedings in the investigation of illegal enrichment, which include: the mandatory conclusion of the National Agency for the Prevention of Corruption based on the results of the verification of the person’s declaration, as well as the opening of proceedings not against the person, but on the fact of possible illegal enrichment. The identified features determine the typicality of the investigative situation of the initial stage of the investigation of illegal enrichment and allow us to formulate two typical investigative versions of the event under investigation, such as: illegal enrichment took place and illegal enrichment did not take place. The effectiveness of the investigation of illegal enrichment, as a crime of corruption, directly depends on the effectiveness of the initial stage of the investigation of this criminal offense. In turn, the initial stage of the investigation of illegal enrichment is characterized by the typicality and relative information certainty of the investigative situation, which, at the same time, is not favorable for the investigation. Active counteraction, which is resorted to by a person authorized to perform the functions of the state or local self-government, at all stages of the commission of illegal enrichment, significantly complicates the investigation. The main search and cognitive activity of the subject of the investigation during the implementation of a complex of organizational measures and procedural actions at the initial stage of the investigation of illegal enrichment is aimed at gathering evidence that would indicate the nature of the source of origin of the acquired assets (legal or illegal). Further evaluation of the collected evidence allows the subject of the investigation to either notify the relevant person on suspicion of illegal enrichment, or to make a decision to close the criminal proceedings.
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Shushikova, Gulnar, e Bakhytzhan Sagymbekov. "Problems of countering raiding in the Republic of Kazakhstan". Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 5, n.º 5 (30 de dezembro de 2020): 195–99. http://dx.doi.org/10.31733/2078-3566-2020-5-195-199.
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Taking into account the analysis of international experience and problems of law enforcement practice, in order to combat raiding and illegal actions of law enforcement and regulatory authorities, the authors propose the following legislative measures: to consider criminalizing judges for wrongful decisions or contributed to the misappropriation of a legal entity; to introduce criminal liability of officials of (state (control and supervisory) bodies for abuse of power caused or facilitated the misappropriation of a legal entity, criminal prosecution bodies (investigators, investigators, prosecutors and their supervisors) for illegal pre-trial investigation, which caused or facilitated the misconduct legal entity).
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Dubov, Egor. "Social danger of criminal encroachments in the field of overdue debt repayment". Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia 2023, n.º 4 (25 de dezembro de 2023): 100–107. http://dx.doi.org/10.36511/2078-5356-2023-4-100-107.
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The thesis about the increased public danger of acts related to the illegal return of overdue debt obligations is substantiated and proved in the work. The author identifies qualitative and quantitative criteria, which include the circumstances on which the assessment of the degree of public danger of criminal attacks in the area of economic activity under study depends. The results of the study are based on our own study of empirical materials obtained during the study of judicial practice (103 published sentences in criminal cases for crimes involving illegal activities for the recovery of overdue debts).
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Kozodaeva, Olesya N., e Elena G. Mikhina. "Corruption crimes in healthcare: analysis and practice". Current Issues of the State and Law, n.º 4 (2021): 567–75. http://dx.doi.org/10.20310/2587-9340-2022-6-4-567-575.
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Periods of instability and disasters have always been associated with special risks of corruption. The coronavirus pandemic infection has exacerbated all the problems existing in healthcare, including those related to the commission of corruption crimes and other illegal irregularities in medicine. The subject of the study is corruption crimes in the field of healthcare, analysis and practice of their commission taking into account the current legislation. The purpose of the study is to identify and analyze shortcomings in the organization of activities for the protection of citizens’ health, to assess the effectiveness of the regulatory framework, the quality and transparency of medical services, as well as various kinds of irregularities of a criminal nature in this area. In the work, we set the following tasks: to assess the state of corruption-related crime, including corruption in healthcare sector, to analyze the norms of criminal legislation appearing in law enforcement practice in criminal cases of the group of crimes under consideration, to determine the causal complex of criminogenic corruption manifestations, as well as to develop scientific and practical recommendations and proposals aimed at reducing the risks of corruption-related crimes. The use of dialectical, statistical and comparative legal methods in combination with the use of system analysis made it possible to comprehensively study this problem.
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Chernus, N. Yu, e Sun Yupeng. "Problems of personal data protection in Russia and China: Comparative legal Analysis". Juridical science and practice 19, n.º 3 (21 de dezembro de 2023): 69–77. http://dx.doi.org/10.25205/2542-0410-2023-19-3-69-77.
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The article analyzes the legislation on personal data of Russia and China, the judicial practice of the People’s Republic of China on the protection of personal information. It is demonstrated that the legislation of Russia and the People’s Republic of China enshrines the concept of personal data, contains the principles and mechanism of protection of personal data of citizens, provides for liability measures for violation of the rights of citizens in the illegal use of their personal data. The considered examples of judicial practice of the People’s Republic of China demonstrate the application of legislation on personal data, bringing violators to civil, criminal and administrative responsibility. The conclusion is formulated that the development of Internet technologies, artificial intelligence technologies, deep synthesis generates a lot of problems related to the illegal use of personal information about citizens, which requires constant improvement of legislation on personal data protection.
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Ahmad, Khabir. "Doctors charged with illegal organ-donor practices". Lancet 355, n.º 9212 (abril de 2000): 1343. http://dx.doi.org/10.1016/s0140-6736(05)72584-8.
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Fuadi, Moh Ashif, Moh Mahbub, Irma Ayu Kartika Dewi, Martina Safitry e Sucipto Sucipto. "The Historical Study of Prostitution Practices and Its Fiqh Analysis". Jurnal Daulat Hukum 5, n.º 2 (25 de junho de 2022): 92. http://dx.doi.org/10.30659/jdh.v5i2.20827.
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The practice of prostitution in Indonesia occurred from the time of the kingdom until after independence. In this country, prostitution is illegal, and the practice still exists today; prostitution is sexual activity between sellers and buyers in pleasure in the form of money or goods. This study will explain the historical study of prostitution in Indonesia. Through a qualitative approach, collecting relevant sources of books, articles, and online media supported by a historical-sociological approach This research results in that prostitution has long appeared, including during the time of the Prophet Muhammad. In the Prophet's time, there was still a practice of adultery narrated in the hadith that a woman complained to the Prophet that she committed adultery and wanted to be punished. The practice of sexual exploitation also occurs during the working period of Islamic Mataram through the King's concubine, who religiously must not exceed the four legal wives. Likewise, in the Dutch and Japanese, there was also prostitution. Several factors cause women to get caught up in the world of prostitution that is the most powerful there are economic factors. In normative boxing, all scholars or ulama agree that the practice of adultery through anything including localization or illegal prostitution, but in the view of the social jurisprudent, KH Sahal Mahfudz argues that localization can be a way out by eliminating it gradually and minimizing the greater negative impact.
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Novikova, T. U., E. V. Evsikova e E. V. Shelkonogova. "SOME QUESTIONS OF THE THEORY AND PRACTICE OF CRIMINAL PROSECUTION FOR ILLEGAL ORGANIZATION AND CONDUCT OF GAMBLING". Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7 (73), n.º 2 (2022): 126–40. http://dx.doi.org/10.37279/2413-1733-2021-7-2-126-140.
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The article also reveals and justifies the need to introduce criminal liability for illegal organization and conduct of gambling. The authors study the legal basis of state regulation of the organization and conduct of gambling on the territory of the Russian Federation and have established restrictions on the implementation of this activity in order to protect the morals, rights and legitimate interests of citizens, provided for by the Federal Law «On State Regulation of the organization and Conduct of Gambling and on Amendments to Certain Legislative Acts of the Russian Federation» dated 29.12.2006, No. 244-FZ. On the basis of statistical data of the Judicial Department under the Supreme Court of the Russian Federation, an analysis of the administrative-tort and criminal situation in the field of illegal organization and conduct of gambling is carried out, which, to date, is characterized by stable dynamics, despite all the measures taken to counteract it.
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Butkevich, S. "PROGRAMMATIC DE-EXTREMIZATION OF MIGRATION PROCESSES: QUESTIONS OF THEORY AND PRACTICE". Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7, n.º 4 (20 de fevereiro de 2023): 48–57. http://dx.doi.org/10.29039/2413-1733-2021-7-4-48-57.
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The article considers topical issues of the implementation of migration processes on a national and global scale. In particular, a comprehensive research of the reasons and conditions for the emergence and spread of threats of an extremist and terrorist nature connected with legal and illegal migration, including persons professing Islam, was carried out. Emphasis is placed on the prediction of the development of existing and possible migration risks due to the current geopolitical situation.
The main focus is on the analysis of the legislative initiatives of the French Republic concerning countering religious extremism caused by the intensification of migration processes from the countries of Africa and Asia. In addition, the article gives a detailed description of the problems of migrants and refugees during their assimilation, which can be used for illegal purposes, including those aimed at involving them in extremist or terrorist activities. At the same time, the state of the native (local) population associated with uncontrolled migration which can lead to migrant-phobia, protest activity, radicalization of society and destructive activity are described. Also, the interrelation of extremist activity with the radicalization of religion is not put aside.
The study of migration processes in the European Union and the law-making of the French Republic in this field made it possible to develop author’s recommendations for improving the law-making work, law enforcement practice, law enforcement and human rights activities in this segment of ensuring national and collective security.